Questions over Mayor’s link to TfL’s ban of controversial bus advert
The Court of Appeal has ordered the High Court to investigate whether the Mayor of London intervened to pull controversial gay-“cure” bus adverts.
The proposed adverts, by Christian charity The Core Issues Trust read “Not Gay! Ex-Gay, Post-Gay and Proud, Get Over It”, and were intended as a response to the Stonewall bus adverts, “Some people are gay. Get over it!”
The charity, which supports those who want to “cure” their homosexuality, accused Mayor Boris Johnson of intervening in the decision for political reasons, which would make the decision unlawful. Johnson was due to speak at a hustings organised by gay rights group Stonewall on the day the adverts were blocked. The High Court upheld the ban.
However, Lord Dyson, in the Court of Appeal, pointed to new evidence of an e-mail which “unequivocally” states the Mayor had “instructed” Transport for London (TfL) to ban the advert, and shows the Mayor’s aides immediately contacted The Guardian newspaper. TfL said it had taken the decision to ban the adverts, regardless.
Lord Dyson, giving his decision in R (Core Issues Trust) v TfL [2014] EWCA Civ 34, said: “This is a very unsatisfactory state of affairs.”
However, he said TfL were entitled to ban the adverts. “The restrictions are justified in view of the prominence of the advertisements and the fact that they would be seen by, and cause offence to, large numbers of the public in central London,” he said.
“Moreover, for those who are gay, the advertisements would be liable to interfere with the right to respect for their private life under Art 8(1).”
He said that to allow the adverts would “involve a breach of [TfL’s] duty to have due regard to the s 149(1) [of the Equality Act] considerations and encourage homophobia and put homosexuals at risk”.
